SGS is advising companies operating in California, USA, to stay informed on settlement agreements being made in relation to a variety of substances under California Proposition 65 (Prop 65).

Settle agreements exist between two parties and are not legally binding on businesses not named within the settlement. However, it is advisable for companies operating in California to use them as a guide to avoid future legal problems.

Settlement agreements involve a variety of consumer products and the substances:
• Lead and its compounds
• Phthalates:
o Butyl benzyl phthalate (BBP)
o Di-n-butyl phthalate (DBP)
o Di-n-hexyl phthalate (DnHP)
o Di(2-ethylhexyl) phthalate (DEHP)
o Di-isodecyl phthalate (DIDP)
o Diisononyl phthalate (DINP)

There have also been several settlement agreements covering only the phthalates DINP and DEHP.

Consumer products covered in these settlement agreements include:

• Phthalates (various):
o Beauty accessories made with vinyl components
o Car mounts with suction cup
o PVC air hose
• Lead and its compounds:
o Brass products – mailboxes, hose repair menders, musical mouthpieces
o Diving weights
o Handheld luggage with PVC handgrips
• DINP (only):
o Boarding pass holders
o Circular knitting needles
o Watch bands
• DEHP (only):
o Blenders
o Life vests
o Pet raincoats

The variety of consumer products included in these settlement agreements demonstrates how vigilant manufacturers and suppliers operating in California must remain.

Prop 65, or the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, is a unique piece of legislation passed in November 1986. It requires the state to maintain a list of chemicals (Prop 65 List) known to cause cancer, birth defects and/or reproductive harm. Unless exempted, businesses operating in California must provide ‘a clear and reasonable warning’ (Prop 65 Warning) before knowingly and intentionally exposing anyone to a substance on the Prop 65 List, which now contains around 900 chemicals. Companies have twelve months to comply with this requirement once a substance is included in the Prop 65 List.

Businesses wishing to learn more about Prop 65 settlement agreements, including lists of some of the the consumer products involved, should view SGS SafeGuards:
• 001/21 California Proposition 65: Reformulation of Phthalates in Consumer Goods [www.sgs.com/en/news/2021/01/safeguards-00121-california-proposition-65-reformulation-of-phthalates-in-consumer-goods]
• 003/21 California Proposition 65: Reformulation of Lead in Consumer Products [www.sgs.com/en/news/2021/01/safeguards-00321-california-proposition-65-reformulation-of-lead-in-consumer-products]
• 004/21 California Proposition 65: Reformulation of DINP in Consumer Products [www.sgs.com/en/news/2021/01/safeguards-00421-california-proposition-65-reformulation-of-dinp-in-consumer-products]
• 005/21 California Proposition 65: Reformulation of DEHP in Consumer Products [www.sgs.com/en/news/2021/01/safeguards-00521-california-proposition-65-reformulation-of-dehp-in-consumer-products]

SGS Prop 65 Services
With a global network of laboratories, SGS can offer comprehensive testing, product assessment and consultancy services related to California Proposition 65. SGS can assist your risk management strategy in consumer goods, such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Learn more about SGS’s Prop 65 Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/california-proposition-65]

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hing Wo Tsang
Global Information and Innovation Manager
Tel:(+852) 2774 7420
Email: [email protected]
Website: www.sgs.com/cgnr
LinkedIn: sgs-consumer-goods-&-retail

About SGS
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 89,000 employees, SGS operates a network of over 2,600 offices and laboratories around the world.